Pregnant man now seeking divorce

On behalf of Law Office of Steven J. Hirsch, Esq. posted in Divorce on Wednesday, August 22, 2012.

Rhode Island residents may have heard about the "pregnant man" who carried three children. What they might not know, however, is that the "pregnant man" is now seeking a divorce from his wife.

The transgendered man, who made headlines nationally, was born a female in Hawaii but had a sex change before marrying his wife. His wife was infertile, but the man still possessed female reproductive organs so he carried their three children for them.

The couple married in Hawaii where same sex marriage is legal, but then moved to Arizona. A judge is now questioning whether they have a legally valid marriage. Some states recognize him as a man, but Arizona does not because he still had female organs when he married his wife. Arizona does not recognize same-sex marriage and it is now being questioned whether they ever had a valid marriage in Arizona.

Like Arizona, Rhode Island does not honor same-sex marriages from other states. The Supreme Court in Rhode Island recently decided that the family law courts of the state do not have the authority to grant divorces to same sex couples who have married in other states.

The man is hoping that his marriage will be validated even though it will make the process more costly and complex. He will not have to pay spousal support if it is not actually a marriage, but he is still hoping that the courts will determine that his marriage was valid because it would give him validation as a person.

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